Drivers are not the only parties who can be held responsible in a truck accident case. In some situations, their employer may be liable.
Following a commercial truck accident, you may think the only party at fault is the truck driver. However, in many cases, the truck driver’s employer may be considered responsible as well. That is why it is important that you work with a skilled advocate who can thoroughly investigate your case to determine if any other parties may be responsible.
The trucker's employer in your could be partially or fully liable. Find out more below.
One of the most obvious ways that a truck employer could be responsible for an accident is when they have unsafe hiring practices. This form of employer negligence is manifested in companies that hire drivers who are unqualified or unfit to operate a commercial truck. It is the duty of the trucking company to make sure that the drivers they hire are fully qualified.
To ensure drivers are qualified, they must meet the following criteria:
More than that though, truck companies are responsible for looking into the individual themselves. For example, before a driver is officially hired, they should pass a drug and alcohol test; upon being hired, they must also continue to pass drug and alcohol tests when randomly administered and after serious accidents. The trucker's record should also be examined prior to being hired to show that they are a safe driver who has not violated traffic laws in the previous 12 months.
When a trucking company does not take the proper steps to hire qualified and reliable truck drivers, innocent motorists can be the ones who have to pay the price.Learn More
There is a theory of liability known as respondeat superior ("let the superior make answer"). This means employers may be held liable for the actions of their drivers if accidents were not intentional and happened in the scope of employment. This is based upon the reasoning that certain instances are going to happen in an employer's business, who should be held responsible for them. This is also important, as employers typically have more funds available to handle such cases than average truck drivers.
Factors considered to determine if something was within the scope of employment:
Have additional questions about employer liability in truck accident cases? Contact us!